     Donna Sinclair (Donna) | Monday, June 19, 2000 - 02:58 pm 
Three years of repeated efforts to clear title on my Calif. condo have not been successful. I have spoken with a real estate attorney and am not able to afford him, due to my pernament disabiltiy. Like others I can not refinanace or sell the condo. The co-owner lives out of state and I found out that he has unpaid taxes (before the condo purchase) and the I.R.S. is filing a tax lien on his assets. He has promised the attorney, my social worker and friends to sign a grant deed and has not done so. The title is recorded as Joint Tenants. The co-owner has made no payments, nor did he pay the initial down payment. I would even be willing to commit fraud by forging his signature, but I don't know any notary publics willing to swear that somebody else is the current co-owner. What other solutions are available, besides filing a quiet title? Do any laws exist that if a co-owner makes no payments for a set number of years, the title is given in totality to the one making the payments ? Thank you for any help. Donna
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| Christine Baker (Admin) | Monday, June 19, 2000 - 05:15 pm
If you have a written agreement that he was to make payments and he didn't, you could certainly demand payment and foreclose on his interest.
The only law I can think of is that all real estate agreements have to be in writing.
WHY is he not signing?
Do you have his WRITTEN promises to sign or will any of the witnesses give you an affidavit? |
| Christine Baker (Admin) | Monday, June 19, 2000 - 05:25 pm
Want to clarify that you can't ENFORCE a promise unless there was consideration (payment) but I thought maybe it would help to establish that he is not a rightful owner.
But unless he signs, whatever you do will require court action. |
| Donna Sinclair (Donna) | Tuesday, June 20, 2000 - 10:12 am
Thank you Christine for your help. This is a wonderful site.
The co-owner refuses to sign because he is a abusive ex-boyfriend and sadly, is playing "games" with me. Yes, some of my friends would be willing to sign affidavits. No, I do not have his written promise. Verbal promises, yes. However, I could and probably will file foreclosure on his interest in the property, let it go to auction ( risky) and bid on the interest myself. If I wait till the market is less "hot", say during the Thanksgiving and Christmas holidays, there is a strong chance that no one would be willing to bid on a 1/2 interest in a condo. I know there are different forms of foreclosure and I am not sure if this would be a court-ordered sale,entailing Sherriff interaction or if I as Creditor and/or Trustor can file fore-closure for non-payment . Any suggestions? Thank you, again |
| Christine Baker (Admin) | Tuesday, June 20, 2000 - 10:50 am
What you really need more than anything is good legal advice, and you already stated that you can't afford that.
Have you tried legal aid? Seems like there should be a low cost legal service to help you out, since you're on disability.
I have no idea what the law is but it seems to me that a judge *should* order his interest be conveyed to you.
You can't foreclose on him since you don't have an agreement providing for foreclosure. You really need legal advice.
And I highly recommend you deal with this ASAP due to his financial situation and the possibility of liens.
If the IRS already filed a lien, you have an even bigger problem. |
| Donna Sinclair (Donna) | Tuesday, June 20, 2000 - 02:54 pm
Thank you Christine.
I will call the real estate attorney again and see what arrangements, if any can be made.
I will keep you posted as to future events, hoping that this problem of mine might help
others in similar situations. |
| Christine Baker (Admin) | Tuesday, June 20, 2000 - 05:04 pm
Donna, I'd really appreciate the updates. There are MANY people in your situation. |
